Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-05
COGRTS OF KENT COUNTY
The Recclvoref the IiycOminR Fire
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| Special Correspondenceof Gazette and journal
DoyHa. .April Is Court opened Yesterday
morning at 10 O'clock.
On motion Of II. II. johnson, Esq., the
present sheriff was authorized to make a
deed for certain lands sold by his prede-
eeesor.
Isaiah Vinson was charged with assault
and battery on charles Fisher, The iury
after an absence Of an hour returned with
a verdict of guilty and the court sentenced
him TO pay a fine 81 @2o and costs and be
imprisoned three months. Il. r. Kenny,
ESQ.,, for defendant and Thomas Davis ESQ, !,
for State.
on Mr. Massey's motion the case OF State
va. James w. Adams, charged with larceny,
waa postnoned owing to the absence of a
material witness.
State VS.. jacob Davis and Florence Hart
less, both colored, charged with tho larceny
OF one turkey aud IS chickens, was called
next. and az the conclusion Of the States
Testimony Mr.. Watson. defendants counsel
moved for q non suit which was NOT
granted and the case went to the jury who
after having been ont seven hours re-
turned a verdict ef guilty as to the man
and not guilty as - the woman. The at
u
the case OF Charles Fisher charged with
larceny.
The grand Jury entered at l2 08 and pre-
sented several indictments, after which q
recess was taken.
In the afternoon the trial list was taken
up and IA cases were marked for trial, 28
continued, Judgment was given In three,
three were discontinued and one was passed.
or the cases marked for trial; the first to
be taken upis one OF the most important
ever In the courts of the State, being John
A. Beeber, receiver of the Lycoming Fire
Insurance Company of Pennsylvania, VS..
Walton, Whann & Company of Wilmington,
]. Alexander Fulton Of Dover, and Hon. II.
O. Mccormick OF Wllliamsport, Pa, for the
plaintiff, and Benjamin Nields and W. Fl.
Hayes for the defendant. Mr.. Mccormick
Is congressman-elect from the Williamsport
district, and was admitted pro haec,yice by
the conrt. The facts OF the case are about
as follows: The Lycoming Fire Insurance
Company was an old company chartered
about 1910 and was one of the most popular
and strongest In the country prior to
1879. It did business on the mutual plan. In
1879 the losses by fire were enormous and
unprecedented several Pennsylvania towns
where 1t had many risks, were nearly swept
away. This necassitated a large call on the
members, many OF whom refused to pay
and the company was compelled to go into
made. and these suits are brought TO re-
cover them, the insured having refused to
pay them without. All the assessments
sued for. are less than one half of the pre-
MUM notes given 10 the company, and
should the company recover It will be able
to pay the losses, If not, 1t will not.
When the case was called the defendants
attorneys asked the court to require the
plaintiff to elect between this action and
one which the company had brought In
New Castle county on the ground that two
similar actions could not be brought. The
that was q matter for the New Castle court
to settle and the court so ruled.
At 4 O'Clock the grand jury entered and
presented an indletment against LARRY
haS 1rna9 & sor psrsly, a ~ auu Sue vou.t us,
eaafu ~ thts term ,n,h non "us 'ur'u'i "''eoanoe
The reeoonizanees in the eases apainst
Eliza L. Wharton, charged with obtainine
money on false pretences, were declared
forfeited the defendant having absconded.
Harry Brinckie was aIrMghed on the
% enarge o. Dreakihg aa mo me NOUS mouse 9. mts
hasn, IN nrneresss wben the conr, S,v ;nnrnad
nj a Ia n n,
Before Alderman lester yesterday William
Dean, colored, was charged with assault
and battery upon Eugene Garter, colnrsd.
The alderman found MIN guilty, lined him
u aud COSTS, ana reaulrea pond oi 920e
az ns9p .ne eocesIa5 o Jssde ,vasnnns es y,
moi Sustained, "rO' wa
Mary Elizabeth jackson was discharged
from Jail at 10 O'Clock yesterday and lmme
diately started to her home, and proceeded
~ make things lively for her mother, whom
she knocked down, kicked and took $40
from ner pocRe,; May was arrested ana
uaittad bar ~ iaii Hvhara S.,r sc,a"ns mo ooid
he % heard III for II several hours. ~ - '''''-O oON'1
Dover, April 29.--rhe Brinkley case in
the Kent county court was resumed yes
terday morning. After all the evidence
was in the case was given to the jury,
which, after q few minutes, returned with
q verdict of not guilty.
The civil list was then taken up and
the case of John A. Beeber, receiver of
the Lycoming Fire Insurance Company
VS.. the Walton, Whann d Co., was called
The plaintiffs attorneys are Henry O.
Mccormick, j. Alexander Fulton and
Dimver Beeber, Esqs.; and the defen-
dants, George v. Massey, Edward
Ridgeley, Benjamin Nields and Walter
II. Hayes, Esqs. In addition to these
gentlemen nearly every lawyer of Sussex
county is present, and interested per-
sonally in the result. Nearly 250 cases
have been brought in Sussex, about so in
New Castle and as in Kent.
The Jury was secured after the plaintiff
had exhausted its three challenges aud
Mr.. Massey arose and said he deemed it
necessary that the court should be ad-
yised of the exact condition of the record
in relation TO the case. On the 18th of
by the Lycoming Fire Insurance Com
pany by James A. Beeber its receiver.
On the 10th of July, 1888, in pursuance
of leave given the plaintiff, he amended,
SO as to make James A. Beeber receiver
as party plaintiff, instead of I,yoomiue
Fire Insurance COMPANY. On the 10Th
of July, 1885, the plaintiff amends title
of action to the LycominR Fire Insurance
Company for the use of James A. Beeber
receiver, withdrays all pleadjnps and files
a new narr. This is the Issue now on trial
Dimyer Beeber opened the case for the
plaintiff, He said the foundation of the
anti was three premium notes. sioned Inv
the defendants. for $3.50. 1926 and S379
respeotiyelv. The claim IL made nm thrae
assessments Of three notes. and moi far
the full values. Tho assessments are what
are known as Nos. 49, 40 and Al. the las,
being known as the receivers assessment
Mr.. Beeber explained the difference be
tween a stock company and a mutnal
company, and impressed upon the mipds
of the inry the fact that this was a mutual
oompany. and that each person boIdinp n
policy was a stockhoider and liable
to share in the profits and
losseF. The COMPANY would meet
estimate the losses for which the